MISSOULA COUNTY ZONING REGULATIONS Effective April 11, Chapter 6 Rural Zoning Districts

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1 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 Chapter 6 Rural Zoning Districts 113

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3 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 CHAPTER 6 RURAL ZONING DISTRICTS 6.01 Purpose and Interpretation 6.02 Valley West Community Development District (Resolution # ) 6.03 Special District #2 (Resolution # ) 6.04 Kona East Residential District (Resolution # ) 6.05 East Butler Creek Foothills District Modified (Circle H Ranch and West Pointe) (Resolutions # , # , # ) 6.06 Fort Missoula Historic District (Resolution # ) 6.07 Sawmill Meadows (Resolution # ) 6.08 Missoula Development Park (Resolutions # , # , # , # , # , # , # , # , # , # ) 6.09 JTL Wheeler Natural Resource Recovery and Processing District (Resolutions # , # ) 6.10 Primrose Heights (Resolution # ) 6.11 [Reserved] 6.12 Target Range West End Rural Zoning District (Resolution # ) 6.13 North Lolo Rural Special Zoning District (Resolution # ) SECTION 6.01 PURPOSE Rural zoning districts are created to stabilize and protect the land uses and to allow a maximum degree of latitude with these regulations to promote residential harmony, conduct gainful business, and contribute to the development of a sound economic base for the rural areas of the County of Missoula. It is the purpose of these classifications to coordinate growth with physiographical criteria, to more efficiently and economically design, install, and maintain the size and capacity of physical and public service facilities to adequately and permanently meet needs resulting from a defined intensity of land use, and to provide for the health, safety, morals, prosperity, and well-being of the rural community at large. SECTION 6.02 VALLEY WEST COMMUNITY DEVELOPMENT DISTRICT A. Intent This district is intended to provide overall standards which will serve to implement the planned community approach to development as stated in the Missoula County Growth Policy: Wye/O-Keefe Creek Area. Specifically, it is the intent of this district to provide for: 1. An integration of the home with other aspects of daily life (e.g. work, shopping, school and recreation). 2. A safe and healthy living environment for all ages and income groups. 3. A feeling of identity and responsibility for all residents towards each other and the community. 4. Opportunities for social interaction, political participation and environmental sensitivity. B. Space and Bulk Requirements The following are in addition to the specific requirements of the individual zone: 115

4 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS Building site... Each building site shall not be less than the minimum lot requirements nor more than one hundred fifty percent (150%) of the minimum lot requirement of the zoning district classification in which it is located. Minimum lot area... All structures shall be set back twenty-five (25) feet from the center line of all natural drainages with an area exceeding one (1) square mile or out of any delineated floodplain, whichever is greater. Minimum required setback... The minimum required setback shall be measured from the building site boundaries and proposed right-of-ways. C. General Standards The following standards are in addition to the general regulations of these regulations: D. Uses 1. Transportation systems a. Each building site shall be contiguous to a proposed public right-of-way designed to contain a portion of a pedestrian or bicycle circulation system. b. No access is permitted onto Highway 93. c. No single-family lots shall access onto streets which are anticipated to serve more than two hundred (200) dwellings. d. On-street parking is prohibited on all streets which are anticipated to serve two hundred (200) dwellings unless the streets have improved parking lanes on both sides. e. No commercial or industrial access is permitted on any street which fronts on a C-RR1, C-RR2, C-RR3, or C-R1 zoned residential district. 2. All mobile homes shall meet or exceed the 1975 ANSI regulations and be in compliance with the HUD standards for the year in which the unit was manufactured. 3. Structures or roads shall not be constructed on any grade over twenty-five percent (25%). 4. Commercial Standards - The intent of these standards is to provide for the orderly establishment of a work place associated with the Valley West Community Development District. Commercial, service and light industrial standards should promote development in a manner sensitive to existing natural features and planned community development objectives. a. Outdoor storage shall be effectively screened by a wall, fence, or planting so that stored materials are not visible from an adjacent public way, with the exception that some visibility will be permitted from the elevated portion of U.S. Highway 93. b. All elements of the site, such as parking, circulation, recreation, landscaping, screening, building and storage, shall be related to the development in such a manner that no improved or unimproved area remains unmaintained. c. Required setbacks adjacent to residential zones shall be landscaped in accordance with Section The design, placement and relationship of commercial, light industrial and multiple-family is recognized as an important function of Valley West Community Development District. To ensure the proper interrelationship and development of these mixed uses, the following uses are set as follows: 116

5 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, Permitted Uses Zone C-P1 C-RR3 C-R1 C-R2 C-C1 C-C2 Permitted Listed Uses All uses listed in Section 2.05 D All uses listed in Section 2.11 D All uses listed in Section 2.12 D All uses listed in Section 2.13 D None None 2. Conditional Uses Zone CP-1 C-RR3 C-R1 C-R2 C-C1 C-C2 Permitted Listed Uses All uses listed in Section 2.05 E All uses listed in Section 2.11 E All uses listed in Section 2.12 E All uses listed in Section 2.13 E All uses listed in Section 2.15 D and E All uses listed in Section 2.16 D and E 3. Special Exceptions Zone C-P1 C-RR3 C-R1 C-R2 C-C1 C-C2 Permitted Listed Uses All uses listed in Section 2.05 F All uses listed in Section 2.11 F All uses listed in Section 2.12 F All uses listed in Section 2.13 F All uses listed in Section 2.15 F and Section 2.16 D All uses listed in Section 2.16 F and Section 2.18 D SECTION 6.03 SPECIAL DISTRICT #2 A. Intent This Special District promotes a wide range of uses including residential, office and commercial and incorporates standards referred to as absolute performance and relative standards that address existing and potential problems identified in the adopted Growth Policy. The use of performance and relative standards is known as the Permit System. The Permit System and the Special District Standards would allow for flexibility in that a developer may comply with a variety of standards to the extent which satisfies the function of the proposed development and satisfies the public's interest; by providing for safe and convenient vehicular and pedestrian travel ways; by abating noise generated by vehicular traffic and by minimizing conflicts between commercial and residential uses with standards which address lighting, signs and incompatible building design. B. Space and Bulk Standards Minimum lot area... None Minimum required setback - front... Twenty-five (25) feet from any street other than Reserve St. Twenty-five (25) feet from any street for seasonal commercial uses. 117

6 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS Seventy-five (75) feet between any non-residential use and Reserve St. One hundred (100) feet between any residential use and Reserve St. - rear... Rear yard setbacks shall equal the height of the building. - side... Side yard setbacks shall equal one third (1/3) the height of the building. Maximum building height... Forty-five feet (45') Minimum setback for automotive service station pump islands Fifteen feet (15') C. General Standards See Supplementary Regulations - Chapter 3 D. Permitted Uses Permitted uses requiring a minimum score of at least zero (0). 1. Single-family dwelling 2. Two-family dwelling 3. Home occupation 4. Mini-warehouse 5. Seasonal commercial uses 6. Day-care home 7. Agriculture, including any and all structures or buildings needed to pursue such activities E. Conditional Uses 1. Conditional uses requiring a minimum score of twenty percent (20%) of the maximum possible points. a. Community residential facility b. Boarding house c. Long-term care facility d. Multiple-family dwelling not more than thirty-six (36) feet high and having a maximum density of ten (10) dwelling units per acre e. Business, professional, or government office 2. Conditional uses requiring at least a score of forty percent (40%) of the maximum possible points. a. Multiple-family having a maximum density of sixteen (16) dwelling units per acre b. Private lodge or fraternal organization c. Personal services d. Transient lodging e. Public/quasi-public use f. Retail trade and service with no outdoor storage or display and with a maximum floor area of three thousand five hundred (3500) square feet (except retail food, eating and drinking establishments and repair service) 118

7 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 F. Special Uses 1. Special uses requiring a score of at least sixty percent (60%) of the maximum possible points: a. Day care center b. Recreation, amusement, cultural facility indoor c. Eating establishment - without drive-in restaurant d. Retail food - less than three thousand five hundred (3500) square feet e. Repair service - without auto f. Wholesale trade g. Public utility 2. Special uses requiring a score of at least eighty percent (80%) of the maximum possible points: a. Printing and publishing b. Recreation, amusement, cultural facility outdoor c. Veterinary service, animal hospital and kennel d. Retail trade and service with a gross building floor area of less than one hundred thousand (100,000) square feet e. Automobile service station G. Development Standards 1. Neighborhood Compatibility a. Growth Policy Compliance Standards i.) Absolute standards 1) All development shall substantially comply with the goals and, more specifically, the uses and densities of the adopted Reserve Street Growth Policy. 2) 2) Each lot or parcel used exclusively for residential development must comply with the designated densities of the adopted Reserve Street Growth Policy. 3) Mixed use lots or parcels must comply with the designated residential densities of the Reserve Street Growth Policy and must satisfy the required minimum percentage of the relative standards for the proposed commercial use. 4) Any development which includes more than one (1) primary building on a single lot or parcel must be designed such that the lot or parcel could be subdivided, creating a separate lot or parcel for each primary building which would be in compliance with the development standards of this section. ii.) Relative standards None b. Landscaping/Buffering i.) Absolute standards 1) For all developed lots, excluding single-family lots, the area not covered by building, sidewalks, pavement and driveways shall be landscaped. 2) Twenty-five (25) feet of required front yard setback, exclusive of driveways and parking, shall be landscaped in accordance with Section ) Residential uses, excluding single-family residences, shall provide an area equal to seventy percent (70%) of the units' total floor area for outdoor recreation. Any area used to satisfy this requirement must be a minimum of ten (10) feet in width and must consist of a minimum of two hundred (200) square feet. Paved recreation areas, 119

8 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS such as basketball or tennis courts, may be used toward the satisfaction of this requirement, provided that this paved recreation area is not also used for drives or parking areas. 4) All buildings must be separated from drives and parking areas by a minimum of six (6) feet, with the exception of that part of a driveway leading directly into an attached parking structure. This six (6) foot setback area shall be maintained as paved sidewalk and/or landscaping (in accordance with Section 3.05 of the Missoula County Zoning Regulations). ii.) Relative standards 1) Internal parking areas should provide the types, amounts and locations of accessibility needed to meet the uses and functions of the development. Internal circulation should facilitate the movement of goods, services and waste products in a safe manner. Landscaped islands are encouraged between every ten (10) adjacent parking spaces and at the end of each row. Each island shall have an average width of five (5) feet with a minimum size of one hundred (100) square feet. 2) The use of vegetative and/or non-vegetative visual barriers are encouraged between uses of different intensities. Non-vegetative visual barriers are encouraged to be architecturally compatible with adjacent main buildings to maintain or improve the character of the area. c. Design of Development i.) Absolute standards None ii.) Relative standards 1) A development is encouraged to be designed and maintained in such a way that nuisances, such as glare, noxious odors, noise, dust, noxious fumes and storm drainage, will not emanate off-site to produce any adverse impacts on adjacent uses. d. Signs 2) All development is encouraged to be developed in such a way that the siding and general appearance of structures should conform to materials and design common to residences in the area. The degree of aesthetic improvement shall be measured against the existing character of the site and the basic nature of the proposed use. i.) Absolute standards 1) Proposed uses shall follow the standards in Section 3.04, A through L, and proposed uses should follow the sign standards with similar applicability. For example, residential development shall follow Section 3.04 M. 1. ii.) Relative standards - Illumination of signs is discouraged. 1) Non-illuminated signs. 2) Illuminated signs. 3) Flashing signs. e. Commercial Standards i.) Absolute standards None ii.) Relative standards - Non-residential uses are discouraged from operating between the hours of 7:00 p.m. and 7:00 a.m. to avoid noise, traffic, light and activity which would conflict with adjacent uses. f. Specific Use Standard 120

9 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 i.) Absolute standards 1) Day care homes and centers shall comply with the standards contained in Section 4.03 C. of the Missoula County Zoning Regulations. 2) Community residential facilities shall comply with the standards contained in Section 4.03 D. of the Missoula County Zoning Regulations. 3) Two-family and multiple-family structures shall comply with the standards contained in Section 4.03 E. of the Missoula County Zoning Regulations. 4) Home occupations shall comply with the standards contained in Section 4.03 F. of the Missoula County Zoning Regulations. 2. Transportation a. Vehicular Access i.) Absolute standards 1) Residential lots along Reserve Street shall have only one (1) access on Reserve Street. 2) Corner lots shall access on the street with the lowest classification. 3) Service stations shall front on designated collectors or arterials. Service stations shall not occupy more than two (2) quadrants of any intersection. ii.) Relative standards 1) All uses are encouraged to locate access drives at a distance greater than required by Missoula County Public Works standards to minimize driveways and to provide for better traffic flow and to draw traffic away from single-family areas. 2) Non-residential uses are encouraged to locate at intersections of major streets to avoid traffic conflict on local streets. b. Pedestrian Access i.) Absolute standards None ii.) Relative standards - The internal pedestrian walkway system should be designed to meet the uses and functions of the development. Internal circulation should facilitate the movement of pedestrians through the lot and to and from the structure in a safe manner. The sidewalks/walkways should connect with existing sidewalks/walkways, if any, and should be provided within two years of development. All lots fronting on Reserve Street should have sidewalks and walkways outside of the right-of-way of Reserve Street except at pedestrian crosswalks or walkways. c. Parking i.) Absolute standards - Except for seasonal commercial uses, interior curbs for any commercial use shall be constructed within the property lines to separate driving surfaces from sidewalks and landscaped areas and along property lines adjacent to street. ii.) Relative standards 3. Noise Abatement 1) Joint parking is encouraged for best utilization of the land and to minimize access. 2) Joint use of loading berths is encouraged for best utilization of facilities. a. Absolute standards i.) All residential structures shall erect walls and/or berms or incorporate non-residential structures or meet or exceed STC-39 (Sound Transmission Coefficient) standards to 121

10 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS reduce the noise level to the acceptable rate of forty-five (45) decibels within the dwellings. ii.) If a wall, berm or combination thereof is constructed along Reserve Street, it shall be at least ten (10) feet in height. iii.) Accessory structures may be located within the required twenty-five (25) foot landscaped strip along Reserve Street, but not within five (5) feet of the property lines. b. Relative standards i.) Outdoor recreation areas for group activities are encouraged to be at least twenty-five (25) feet from single-family residential uses or districts and to be visually and acoustically screened from Reserve Street to allow proper noise reduction and to be designed for maximum recreation utility. H. Permit System 1. Intent This subsection is adopted to provide a procedure for compliance with this district s standards; to provide a procedure that is fair, predictable and that will improve the reliability of the decision-making process; to ensure that a proposal complies with the community's adopted plans and regulations; to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed use and to minimize or eliminate potential conflicts. Where this section has more specific standards or procedures, they shall apply rather than the more general standards or procedures of these regulations. 2. Definitions In addition to other definitions in Section 1.04, the following definitions apply to this district: a. Absolute Standard - Required for approval of a development, unless not applicable to the development. b. Approving Agent - The Zoning Officer for permitted uses and conditional uses. The Governing Body for special uses. c. Assigned Value - The number awarded an applicant by the reviewing agent for each performance and relative standard according to criteria established in these districts. d. Multiplier - An established weight set by the Governing Body which is used to determine the importance of a relative standard. The higher the number the greater the relative importance of the standard. e. Performance Standard - A standard which need not be implemented by the development, but is encouraged. Each performance standard is assigned a value based on the level of performance, unless not applicable to the development. f. Points - A numerical score computed by multiplying the relative and/or performance standard's multiplier by the assigned value. g. Relative Standard - A standard which need not be implemented by a development, but is encouraged. Each relative standard is assigned a value based on the features of the proposed development, unless not applicable to the development. h. Reviewing Agent - The Zoning Officer for permitted uses, conditional uses, and special uses. i. Special Use - A use which is specifically listed for the district and meets the intent of the district when design standards and conditions are met. A special review by the Zoning 122

11 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 Officer is required, with final consideration given by the Governing Body. This review shall assure consistency and compatibility with existing and conforming uses within the district. 3. Procedure a. Basis for Permit - Permits as required in Section 8.22 may be granted only if the applicant complies with all absolute standards and other mandatory requirements of the permit system district and obtains the appropriate overall points required for all applicable performance and relative standards. b. Assignment of Points for Performance Standards - Applicable performance standards shall be assigned values as set by specifications based on the level of performance. The assigned value shall be multiplied by the performance standard multiplier to determine the points received. c. Assignment of Points for Relative Standards - Applicable relative standards shall be assigned values based on the public interest as defined by consideration of the goals, objectives and policies established by the community's growth policy and the purposes, intents and standards established by the community's land use regulations in the following manner: +2- Provides a significant public benefit with no substantial public detriment. An excellent job of implementation of a relative standard. +l- Provides some public benefits, mitigates a minor public detriment. A good job of implementation of a relative standard. 0- No public benefit or detriment from the project. An adequate job of implementation of a relative standard. -1- Produces some public detriment. An inadequate job of implementation of a relative standard. -2- Produces significant public detriment. Substantially no effort to implement a relative standard. The assigned value shall be multiplied by the relative standard multiplier to determine the points received. 4. Pre-Application Conference a. Purpose - A conference between the Zoning Officer (and any referral agencies deemed appropriate) and the applicant shall take place prior to submission of an application. The purpose of this conference is to acquaint the Planning Office with the applicant's intentions, to acquaint the applicant with the substantive and procedural requirements of the district and to identify standards which may create opportunities or pose significant constraints for the proposed development. b. Form - The applicant shall be provided forms for each standard upon which he shall submit evidence relating to the specific standard and assign a value which he believes the evidence supports. 5. Application Acceptance The Zoning Officer shall determine if an application is complete within one (1) business day after submittal. Only complete applications shall be accepted and shall be set for hearing as follows: a. Permitted uses shall be reviewed within ten (10) calendar days of acceptance. The Zoning Officer shall schedule a regular review session not more than once a week and post in public view at the Planning Office and the Clerk and Recorder s office an agenda at least five (5) calendar days prior to the review. 123

12 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS b. Conditional uses shall be reviewed within fifteen (15) calendar days of acceptance. The Zoning Officer shall schedule a regular review session not more than once a week and post a notice and agenda on the property and in public view at the Planning Office and at the Clerk and Recorder s office at least five (5) calendar days prior to the review. c. Special uses shall be submitted to the Zoning Officer. Notice of the hearing shall be in accordance with Section 8.21 "Notice Requirements". The Zoning Officer shall make a recommendation to the Governing Body on special uses. 6. Hearing Procedure a. Review Criteria - In making decisions the reviewing agent shall consider the application, comments from reviewing agencies, findings and conclusions in the staff report, the requirements of this district, and public testimony limited to the applicable standards. b. Approval/Denial - If a proposed development implements all applicable absolute standards and is allocated the minimum points as required in the Permit System District for the performance and relative standards, the approving agent shall approve the development with conditions deemed necessary or desirable to ensure compliance. If a proposed development does not implement an applicable absolute standard does not obtain the required minimum points or if the applicant will not comply with an approval condition, the approving agent shall deny the application. c. Burden of Proof - In all hearings and decisions the burden shall be on the applicant to prove that the proposed development complies with the provisions of the Permit System District and implements all applicable standards. 7. Conditions The reviewing or approving agent may place conditions upon the issuance of a permit which it deems necessary and desirable to ensure that a standard will be implemented in the manner indicated in the application for a permit. The conditions may consist of one (1) or more of the following: a. Development schedule - The conditions may place a reasonable time limit on construction activity associated with the proposed development, or any portion thereof, to prevent speculation in permits, to enable new applications or revisions to come forward for nonviable developments or to implement other policies. b. Use - The conditions may restrict the future use of the proposed development to that indicated in the application, and the approving agency may require another permit for a change in use. c. Homeowner's Association - If a homeowners' or merchants' association is necessary or desirable to hold and maintain common property or enforce covenants, the conditions may require that one be created prior to issuance of a permit. d. Dedications -The conditions may require conveyances of title or easements to public utilities or the homeowners' association. They may require construction to public standards and dedication of public facilities to serve the development and the public. e. Construction Guarantees - The conditions may require the posting of a bond or other surety or collateral which may provide for partial releases to ensure that all construction features required by policy are in fact constructed as represented and approved. f. Commitment Letter - The conditions may require a letter from a utility company or public agency committing it to serve the development if such service is required by standards. g. Covenants - The conditions may require the recording of covenants on the subject property. 8. Appeal and Call Up 124

13 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 a. Notification of Decision - The Zoning Officer shall notify the Governing Body of any decision on conditional uses and recommendations on special uses within five (5) working days of the decision or recommendation. b. Appeal Procedures - An appeal of any permitted use or conditional use by anyone allegedly aggrieved may be made within five (5) working days of the reviewing agent's action to the Board of Adjustment. The appeal shall be filed with the Planning Office and shall include the following: i.) Name of applicant; ii.) Proposal; iii.) Standards in contention; iv.) Supporting evidence; and, v.) Other pertinent information. After proper notice the Board of Adjustment shall hold a public hearing to review the record and application. The Board of Adjustment may decide to rehear the application or to limit its scope to specific standards. A decision must be made by the Board of Adjustment within thirty-five (35) days of receiving the appeal. The decision of the Board of Adjustment to approve or deny the proposal shall follow Section H.6.b. (Approval/Denial) of these procedures. Notice of the hearing shall be in accordance with Section 8.21 "Notice of Hearing." The review criteria set forth in the Permit System District shall be the basis of any decision by the Board of Adjustment. Any appeal from the decision of the Board of Adjustment may be made by petition to the District Court within thirty (30) days after the decision and shall specify the grounds of appeal. An appeal of any special use by anyone allegedly aggrieved may be made within five (5) working days of the Governing Body s action to District Court. 9. Revisions to Applications The applicant may make revisions to the application at any time before the decision. The Zoning Officer shall determine if the revision requires study by the staff or comment by one (1) or more referral agencies and may move the application back in the hearing procedure. The applicant bears any hardship caused by such delay. 10. Abandonment and Revocation of Permits An approval shall be revoked if a Zoning Compliance Permit is not obtained within six (6) months of approval and held valid until completion. A permit may be revoked by the reviewing or approving agent at any time for the violation of the permit or any of its conditions. Along with written notice to the applicant, a hearing date shall be set as described in Section 6.03 H.5. The approving agent may revoke the permit by motion at the hearing. If a permit is abandoned or revoked such action shall be recorded in the Clerk and Recorder s office, and the terms of the permit and its conditions shall be of no force and effect. 11. Permit Recording No approval shall be valid and no Zoning Compliance Permit shall be issued until the permit is filed and recorded in the Clerk and Recorder s office. It is the responsibility of the applicant to accomplish this recording. 125

14 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS SECTION 6.04 KONA EAST RESIDENTIAL DISTRICT A. Intent This district is intended to provide standards which promote a rural residential/agricultural neighborhood which conforms to the adopted growth policy and allows the compatible aspects of residential development and agriculture to be grouped together. Specifically, it is the intent of this district to provide for: 1. An integration of rural residential development & agricultural uses on property of sufficient size. 2. A rural living environment. 3. A feeling of identity and responsibility for all residents towards each other and the community. B. Space and Bulk Requirements Maximum Residential Density...One (1) dwelling per one (1) acre Minimum lot width...one third (1/3) its average depth Minimum required setback - front...twenty-five (25) feet - side...fifteen (15) feet - rear...twenty-five (25) feet Maximum building height...thirty (30) feet Any accessory building used for the raising & housing of livestock shall not be nearer than: 1. One hundred (100) feet to any place of human habitation under separate ownership or on a separate lot. 2. Fifty (50) feet to any property lines. C. General Standards See Supplementary Regulations - Chapter 3 D. Permitted Uses 1. Single-family dwelling. (Mobile homes constructed prior to June 15, 1976, must be placed on a minimum of five (5) acres with fifty (50) foot front, rear and side yard setbacks.) 2. Accessory buildings and uses 3. Agriculture, except intensive agriculture use such as commercial feed lots and poultry farms. 4. Day-care home E. Conditional Uses 1. Home occupation 2. Community residential facility serving eight (8) or fewer persons. 3. Buildings housing livestock in conjunction with residential use only, excluding commercial livestock raising. F. Special Exceptions 1. Public and quasi-public uses and buildings 2. Long-term care facility 3. Day-care center 4. Residential mini-warehouse 5. Public utility 126

15 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 SECTION 6.05 EAST BUTLER CREEK FOOTHILLS RURAL ZONING DISTRICT, MODIFIED (Circle H Ranch and West Pointe) A. Intent This district recognizes the need for an alternative to traditional large lot rural zoning. Traditional zoning that promoted the creation of large acreage lots for ranchettes has diminished the rural character and natural setting it was intended to preserve. Specifically, it is noted that large acreage tracts promote the following situations: Intensive grazing on tracts too small to be properly managed. This leads to over grazing, soil erosion, stream sedimentation, contamination of surface and ground water and weed infestation. Fencing of individual tracts which diminishes the feeling of openness characteristic of rural areas and restricts wildlife movement. Displaces viable agricultural operations with a series of highly visible suburban style homes. Free roaming dogs deplete the wildlife resource and severely limit the usable winter range. These same free roaming dogs prey upon and harass domestic livestock further threatening the viability of agricultural operations. Cause more intensive and less well managed use of irrigation water to the detriment of the other users and contributing to the de-watering of our rivers and streams. Create multiple access points onto rural roads adding to congestion and increased road maintenance costs as well as over-burdening other infrastructure such as bridges. Create a demand for increased bussing on the part of rural school districts. In the situation of wildland fires, emergency resources are diverted to structure protection rather than overall fire suppression. This district further recognizes the need for close major transportation routes, schools and infrastructure. Stabling of horses is recognized as an important part of the rural lifestyle. This district allows for the pasturing, stabling, and riding of horses in a separate facility designed specifically for this purpose. Diversity in housing types and price range is recognized as an important community goal. This district allows for the placement of attached housing within the site. Area A: Clustered Rural Residential Area A. Space and Bulk Requirements Maximum Residential Density Minimum Lot Width Maximum Lot Width Maximum Lot Size Minimum Required Setback Lot Location Maximum Building Height One dwelling unit per ten (10) acres One hundred and eighty (180) feet Two hundred (200) feet Thirty-one thousand (31,000) square feet There are no minimum setbacks. Buildings may be up to the property line. No area other than a residential lot as shown on the final plat for Circle H Ranch shall be used for any residential structure or any residential accessory use of any kind Thirty-five (35) feet. The building height shall be 127

16 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS B. General Standards See Supplementary Regulations - Chapter 3 C. Permitted Uses 1. Single-family dwelling 2. Accessory building and uses 3. Recreational uses accessory to a residential cluster measured from the top of the lowest finished floor of a daylight basement to the eave for homes with a daylight basement. For homes without daylight basements, the height shall be measured from the top of the first floor above grade to the eve. 4. Day-care home 5. Agriculture, including any and all structures or buildings needed to pursue such activities D. Prohibited Uses 1. RV storage E. Conditional Uses 1. Home occupation 2. Community residential facility serving eight (8) of fewer persons Area B: Equestrian Area Lot 1 A. Space and Bulk Requirements Minimum-Lot Size Minimum Required Setback Maximum Building Height Eighty (80) acres Fifty (50) feet for all buildings Forty (40) feet B. General Standards See Supplemental Regulations - Chapter 3 C. Permitted Uses 1. Professional horse boarding 2. Professional horse training 3. Riding arena 4. Concessions accessory to the riding arena 5. Single-family dwelling accessory to the riding arena 6. Temporary sales office for Circle H Ranch 7. Accessory buildings and uses 8. Ranch headquarters building 9. Day-care home 10. Agriculture, including any and all structures or buildings needed to pursue such activities D. Conditional Uses 128

17 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, Community residential facility serving eight (8) or fewer persons. Area C: Attached Housing Lot 2 A. Space and Bulk Requirements Maximum Residential Density Minimum Lot Area for Detached Single-family Dwellings Minimum Lot Area for Attached Single-family Dwellings Minimum Lot Width Minimum Required Yard Setback Perimeter Setback Maximum Building Height Front Side Rear Not to exceed 240 dwelling units Three thousand four hundred (3,400) square feet None Twenty-eight (28) feet Fifteen (15) feet from the line shown on the plat depicting the edge of private road easement or twenty (20) feet from back of sidewalk, whichever is greater. Five (5) feet. For townhouses/attached single-family dwellings, there shall be no required side yard seback between units, only between structures. Twenty (20) feet for detached dwelling units, except that detached dwelling units in West Pointe, Phase 1 (Lots 1-43c), may have a rear yard setback of fifteen (15) feet. Fifteen (15) feet for attached dwelling units. One hundred (100) feet from the boundary of Area B for all structures. Thirty-six (36) feet B. Space and Bulk Requirements 1. Lots adjacent to a walkway easement shall prohibit fences nine (9) feet from either side of the center line of the easement. Fences within the walkway easement shall be no taller than thirty (30) inches tall and constructed of decorative wood, stone or other materials as approved by the zoning officer, with a maximum opacity of sixty percent (60%). 2. Grading plans for each lot shall be reviewed and approved by the county or the appropriate jurisdiction, prior to Zoning Compliance Permit issuance. 3. See Supplementary Regulations - Chapter 3 (Resolution , as amended), with the following exception: In Section 3.06.J., only numbers 1, 3, 4, 5, 6 (a-c, and e) and 7 shall apply. C. Permitted Uses 1. Detached single-family dwelling 2. Townhouse or attached single-family dwelling 3. Accessory buildings and uses 4. Day-care home 5. Agriculture, including any and all structures or buildings needed to pursue such activities 129

18 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS D. Conditional Uses 1. Home occupation 2. Community residential facility serving eight (8) or fewer persons E. Special Exceptions 1. Day-care center SECTION 6.06 FORT MISSOULA HISTORIC DISTRICT A. Intent The purpose of this zone is to provide for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, places, and areas within the zone that reflect special elements of the zone's architectural, artistic, cultural, engineering, aesthetic, historical, political, social, and other heritage. These regulations and standards are established for the following reasons: 1. To safeguard the area's heritage by protection of its cultural resources; 2. To provide for appreciation of the area's past; 3. To promote civic and neighborhood pride and a sense of identity based on the area's cultural resources; 4. To enhance the area's visual character by encouraging and regulating the compatibility of architectural elements in the district; 5. To enhance property values and to increase economic and financial benefits to the area and its inhabitants; 6. To attract tourists and visitors to the area; 7. To provide for identification of cultural resources in order to resolve conflicts between preservation and alternative land uses and development. B. Definitions 1. The Fort Missoula Historic District shall be defined as those lands at Fort Missoula which are on the National Register of Historic Sites, including the cemetery. 2. Alteration" means any exterior change or modification, through public or private action, of any cultural resource or of any property located within an historic district including, but not limited to, exterior changes to or modification of structure, architectural details or visual characteristics such as surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the exterior visual qualities of the property. 3. Area of influence" means a transitional zone which lies wholly or partially within one hundred fifty feet in any direction from the outermost property line of the ownership parcel upon which a designated cultural resource or significant site is located and shall include the parcel of the cultural resource or significant site itself. 4. Board" means the Board of County Commissioners or its agent. 5. Cultural resource" means private or public improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural or historical significance to the citizens of the county, and which has been designated a cultural resource pursuant to this section. 130

19 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, "Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including but not limited to, the type, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. 7. "Historic area" means any area containing improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles typical to the history of the area that has been designated an historic district pursuant to this section. 8. "Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or any part of such betterment. 9. "Preservation" means the identification, study, protection, restoration, rehabilitation, or enhancement of cultural resources. 10. "Review criteria" means standards to be used by the Board of County Commissioners or its agent when reviewing an application for permits pursuant to this section or any other ordinance applicable within the area under review. C. Procedure 1. In order to preserve the historical integrity of the fort environs, any development or alteration requiring a building permit within the zone must be reviewed by the Zoning Officer for a Certificate of Appropriateness. Submission Requirements for Certificate of Appropriateness. Certain information shall be provided to the Zoning Officer to review prior to granting or denying a Certificate of Appropriateness. All materials to be submitted shall be prepared on 8 1/2' x 11 paper and packaged or bound to fit a standard, letter size file. Applications that involve more voluminous architectural plans and specifications may be accompanied by simplified sketches, details and supporting documentation, on letter size paper, which synthesizes the detailed design documents. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the Zoning Officer to make her determination. At a minimum, the following items shall be included in the submission: a. Completed application on form provided by the Planning Office. b. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned, except when otherwise recommended, no more than eight (8) pictures should be submitted and all pictures shall be mounted on letter size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information. c. Site sketch, oriented with north at the top of the page, approximately to scale; showing site boundaries, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines. d. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration. 131

20 Effective April 11, 2017 MISSOULA COUNTY ZONING REGULATIONS e. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's proposed alterations. f. A schedule of planned actions that will lead to the completed alterations. g. Such other information as may be suggested by the Planning Office. h. It is further suggested that the applicant seek comments from the neighborhood or area. 2. It is unlawful for any person to tear down, demolish, construct, alter, or relocate any improvement, or any portion thereof, or to alter in any manner any exterior architectural feature, or to place, erect, alter, or relocate any sign, of a designated cultural resource or located within an area of influence of a cultural resource included in this zone without first obtaining a Certificate of Appropriateness. 3. Any application for a permit for erection or construction of a new building or structure, or which would affect the exterior appearance of any existing building or structure (including signs) located within an area of influence shall require review by the Zoning Officer in accordance with the criteria adopted for this zone. a. If the Certificate of Appropriateness is granted by the Zoning Officer, all requirements of this section will have been met. b. Any Certificate of Appropriateness that is denied by the Zoning Officer pursuant to the provisions of this section shall be automatically referred to the Board of County Commissioners or its agent upon the written request of the applicant and scheduled for public hearing at the next regularly scheduled meeting at which legal notice can be provided. 4. Appeals Process. Appeals of decisions made under this section shall be made to the Board of Adjustment following the procedure described in Section 8.27 of these regulations. D. Standards and Criteria All structures must be built with the consideration that they are in an historic district. The following standards are criteria by which the Zoning Officer or Board of County Commissioners or its agent shall review applications for a Certificate of Appropriateness: 1. Permitted and prohibited uses shall be as described in Section 2.05 for C-P1 zoning with the following exemptions and additions: a. airports and landing fields are prohibited, b. commercial recreation, amusement and cultural activities are prohibited except as permitted under one of the following: c. medical offices are permitted, d. community residential facilities serving eight or fewer residents are permitted, e. business and professional offices, health clubs, commercial recreation, amusement and cultural activity, visitor and tourist support services may be proposed as part of a Planned Unit Development application. 2. The historical and architectural characteristics of a historic structure which make it unique shall be properly preserved and any changes shall generally conform to the character of the structures located within the zone. 3. No specific architectural style shall be required for the design of a new building or other structures that have not been designated a cultural resource; however, such buildings and structures are subject to the following: a. The design of the structure shall generally conform to the character of the buildings and structures located within the zone, 132

21 MISSOULA COUNTY ZONING REGULATIONS Effective April 11, 2017 b. If the building is demolished and the area left vacant, the area shall be maintained in a clean and unoffensive manner, c. If the building is demolished and the area converted to another use not requiring buildings (such as a parking lot), the area shall be buffered by landscaping or have walls or fences that generally conform to the character of the other buildings and structures located within the zone, d. If the building is demolished and new structures erected, the design shall be sympathetic to the character of structures and features located within the historic zone. 4. The following criteria shall be used by the Zoning Officer when approving a Certificate of Appropriateness: a. Height: Absent of showing exceptional mitigating circumstances, new structures may be constructed no higher than the tallest building located within the zone at the time of establishment of the zone; b. Setbacks: Absent of showing exceptional mitigating circumstances, new structures shall generally conform to the prevailing setback existing within the zone at the establishment of the zone; c. Proportion: The relationship between the height and width of the front elevation of the building; d. Recurrent alternation of solids to voids in the front facade; e. Roof types; f. Surface texture of buildings; g. Site utilization: The width of side yards as it affects the spacing between individual buildings and structures; h. Projections and recessions: The presence or absence of porches, steps, awnings, overhangs, etc.; i. Architectural details: Cornices, lintels, arches, grill work, shutters, etc.; and, j. The criteria and standards included in Appendix A: "Development Guidelines and Standards for the Fort Missoula Historic District." E. Designated Cultural Resources Within the Zone The regulatory area is that area on the National Register of Historic Sites, including the cemetery, as listed by the US National Park Service, F. Maintenance Requirement 1. The owner, occupant, or persons in charge of a cultural resource or an improvement; building or structure in this zone shall keep in good repair all of the exterior portions of an improvement, building or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. 2. However, nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by these regulations that does not involve a change in design, material or external appearance, nor do these regulations prevent the construction, reconstruction, alteration, restoration, demolition or removal of any feature when the building inspector certifies to the Board that such action is required for the public safety due to unsafe or dangerous condition. 133